Kate McClymont and Sean Nicholls

Margaret Cunneen, SC, subject of an investigation into whether she attempted to pervert the course of justice. Photo: Peter Rae

New evidence "demolishes the conspiracy theories" that the Independent Commission Against Corruption is a rogue agency, including in its failed pursuit of Crown prosecutor Margaret Cunneen, SC, says Labor's shadow attorney-general, Paul Lynch.

Mr Lynch said revelations by the head of the Police Integrity Commission, Bruce James, that it has used "notices to produce" to force the immediate production of material showed ICAC had not acted in a rogue fashion when demanding Ms Cunneen's mobile phones.

"Whatever else this demonstrates, it's clear that ICAC was not alone in using notices to produce in this way," Mr Lynch said.

"I don't think this was the way Parliament intended these provisions to be used, but it demolishes the conspiracy theories that ICAC was a rogue agency."

The parliamentary committee which reviews both ICAC and its inspector is currently examining a scathing report by the Inspector David Levine, a former judge, concerning the corruption body's ill-fated investigation into whether Deputy Senior Crown Prosecutor Ms Cunneen attempted to pervert the course of justice in 2014.

Ms Latham has provided the committee with audio and transcripts of phone taps referred to ICAC by the Australian Crime Commission.

After examining the ACC material, the ICAC launched an investigation into whether Ms Cunneen attempted to pervert the course of justice when she "counselled Sophia Tilley to fake chest pains, and that Sophia Tilley, with the intention of perverting the course of justice, did fake chest pains" to prevent police from obtaining Ms Tilley's blood alcohol level at the scene of a May 2014 car accident.

Fairfax Media has revealed the phone taps show Ms Cunneen confiding to a tow truck driver, who was under investigation by the ACC, that she advised Ms Tilley to "start having chest pains" to delay a blood alcohol test.

"Let's hope that St Anthony does a miracle and takes all the alcohol out of the sample," said Ms Cunneen, who acknowledged to the tow truck driver that Ms Tilley, a P-plater, had been drinking before the accident.

A key criticism made in Mr Levine's report was that the seizure of Ms Cunneen's phones by ICAC was unlawful and amounted to "an abuse of power and serious maladministration".

The phones were taken after a "notice to produce forthwith" was issued and a week later a search warrant was produced to formalise the seizure.

However, recently tabled responses given to the parliamentary oversight committee by the Police Integrity Commission, reveal that the PIC, for which Mr Levine is also the inspector, has used the same form of "notices to produce forthwith".

Mr James has informed Parliament that PIC has issued almost 400 notices to produce in the last two years and that five have included the term "forthwith".

Mr Levine declined to comment on the matter.

A decision about whether to publicly release explosive phone taps is expected mid-week after legal advice was delivered to the NSW Parliament.

It is understood the Clerk of the Legislative Assembly, Ronda Miller, has received legal advice about the powers of a parliamentary inquiry to release the phone taps and other material provided by the Independent Commission Against Corruption.